Can I require an employee to come to the office every day if their contract allows home office?

Not unilaterally. If the contract permits 2 days home office per week, you cannot suddenly demand 5 days in the office without written consent. You may require office presence for specific events (team meetings, onboarding, training) if the clause reserves that right. Unilateral change may be a breach and grounds for termination with notice.

Who pays for the employee's internet and electricity at home?

The law does not specify. You decide. Common practice in Switzerland: employee pays internet; employer either pays a flat allowance (CHF 50–100 per month) or reimburses with receipt. State this clearly in the clause. Electricity is typically employee cost. If you stay silent, courts may infer a split cost or full employer liability.

What if the employee's canton (e.g., Zug, Valais) has local norms on remote work?

Most cantons have no binding remote-work rule. However, some cantons encourage flexibility for talent retention, others expect office presence. Check your canton's labour office (Arbeitsinspektorat) for guidance. Your clause should suit local norms to avoid conflict with cantonal oversight. A lawyer can advise on canton-specific risk.

Employment Contract: Home Office and Remote Work Clause

A home office clause sets where work happens—office, home, or hybrid. Swiss law (OR Art. 327) lets you define the workplace, but vague terms cause disputes over flexibility, equipment costs, and breaks. A clear clause names locations, work hours, and who pays for home setup.

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Swiss employment law does not mandate remote work. The Obligationenrecht (OR) lets you specify the workplace as a term of the contract. But silence or vague language—'flexible arrangement' without detail—creates conflict when either side interprets it differently.

This guide helps you draft a clause that reflects your actual practice, avoids disputes over costs and liability, and complies with Swiss data protection and accident insurance rules.

What the Law Permits and Requires

OR Article 327 requires you to state the nature, scope, and place of work. A workplace clause is legally valid. You can require full office attendance, permit partial home office, or agree full remote work. The key is clarity in writing.

Swiss law does not set a default. If the contract is silent, a court infers 'the place where the employer's business is located.' To avoid that gap, name the workplace explicitly. Data protection (FADP) and accident insurance (UVG) rules apply regardless of where work happens—clarify responsibility.

Workplace must be stated in writing (OR Art. 327). Verbal agreements are enforceable but hard to prove.
You can change workplace terms only with written consent—unilateral changes may breach contract.
Home office is not a statutory right; it is a negotiated term.
Equipment, internet, and furniture costs are yours to assign—specify in the clause.
Accident insurance (UVG/LAA) covers home-office workers, but you must notify your insurer.
Cantons may impose local norms (e.g., Zurich encourages flexibility for talent retention; rural cantons often expect office presence).

Reasonable Default Language

A solid clause names the primary workplace (e.g., 'Rue du Rhône 42, Geneva'), permits home office (e.g., '1–2 days per week'), defines work hours (e.g., '08:00–17:00 CET, core hours 09:00–12:00 and 14:00–16:00'), and assigns costs.

Specify who provides equipment (laptop, monitor, chair) and who reimburses internet or phone. State whether home office requires manager approval and whether it is subject to operational need. Clarify data security obligations (encryption, VPN, locked door).

Primary workplace: [address and canton]. Home office: [number of days per week or percentage of Pensum], subject to approval.
Employee buys: [e.g., desk, chair, stationery]. Employer provides: [e.g., laptop, monitor, software licenses].
Internet and phone: [Employee pays; employer reimburses CHF X per month; split cost.]
Working hours: [e.g., 08:00–17:00, core hours 09:00–12:00 and 14:00–16:00]. Flexibility within daily target.
Data security: Employee uses [VPN / encrypted connection], locks office door, does not print confidential documents.
Right to revoke: Employer may limit or revoke home office if operational need or performance issues arise, with written notice.

Mistakes That Cause Disputes

The biggest mistake is writing 'flexible home office' without boundaries. Employees may then expect unlimited remote work; you may expect office presence. Disputes erupt when travel, meetings, or onboarding suddenly demand office days.

Second mistake: not assigning equipment and internet costs. Employees then claim reimbursement; you deny liability. Third: omitting data security rules. If a laptop is stolen from home, you lose confidential data and both of you face liability under FADP.

Vague language ('flexible,' 'as needed') invites conflicting interpretations and resentment.
Failing to specify who pays for home-office equipment leaves cost responsibility unclear.
Not mentioning data protection, encryption, or secure access creates security and compliance risk.
Allowing unlimited remote work without core hours makes team coordination and collaboration difficult.
Not reserving the right to require office presence for onboarding, training, or team events creates scheduling chaos.
Forgetting to notify accident insurer (UVG/LAA) that employee works from home may void coverage in a home-office accident.

Frequently asked questions

Can I require an employee to come to the office every day if their contract allows home office?: Not unilaterally. If the contract permits 2 days home office per week, you cannot suddenly demand 5 days in the office without written consent. You may require office presence for specific events (team meetings, onboarding, training) if the clause reserves that right. Unilateral change may be a breach and grounds for termination with notice.
Who pays for the employee's internet and electricity at home?: The law does not specify. You decide. Common practice in Switzerland: employee pays internet; employer either pays a flat allowance (CHF 50–100 per month) or reimburses with receipt. State this clearly in the clause. Electricity is typically employee cost. If you stay silent, courts may infer a split cost or full employer liability.
What if the employee's canton (e.g., Zug, Valais) has local norms on remote work?: Most cantons have no binding remote-work rule. However, some cantons encourage flexibility for talent retention, others expect office presence. Check your canton's labour office (Arbeitsinspektorat) for guidance. Your clause should suit local norms to avoid conflict with cantonal oversight. A lawyer can advise on canton-specific risk.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.